When an employee is subject to disciplinary proceedings and they lodge a bullying claim, the matter becomes risky and complicated.

How to minimise the risk of bullying claims during the performance management process

The link between reasonable performance management and bullying and harassment claims

Should a disciplinary process be conducted concurrently with a bullying investigation?

To what degree should issues raised during the bullying matter be considered during the disciplinary process?

How should the employer ensure that disciplinary actions are not interpreted as adverse action?

Nicholas Ellery, Partner, Corrs Chambers Westgarth

11:45am

Absence management and employment law

Managing ill and injured workers is one of the greatest challenges employers face, involving the navigation of a complex web of legal obligations from general protections to discrimination, unfair dismissal and breach of the Fair Work Act.

The cross over between performance management, lack of capacity, recovery from injury and return to work

HR professionals need to balance procedural rigour with empathy when disciplining employees with mental health issues. What is the most humane way of dealing with an underperforming employee who also suffers from poor mental health?

What effect can a rigorous and formal disciplinary process have on someone with a mental illness?

How to ensure that a disciplinary process is fair to an employee with a mental illness

What types of support does someone with a mental illness really need during performance management?

What are the legal risks of choosing a ‘humane’ path?

Supporting employees with mental health issues (and the employees around them) within the confines of discrimination and adverse action laws

Should behaviour related to mental health even be treated as a disciplinary issue?

False and spurious complaints can be highly disruptive and damaging and even result in psychological injury for the accused colleague or manager. Employers should tread very carefully when dealing with vexatious claimants.

Appropriate policy direction and consequences for frivolous or vexatious complaints

Are there ways of deterring vexatious claims without appearing to be victim-shaming or taking adverse action?

At what point should you settle at conciliation with a vexatious claimant to avoid negative publicity?

Considerations when disciplining a worker who has made vexatious claims

Stephen Hardy, Senior Associate, Baker & McKenzie

3:00pm

Afternoon refreshments break

3:30pm

Unfair dismissal – Dealing with non-textbook cases

Most experienced HR professionals are familiar with best-practice discipline and termination processes. But often proceedings don’t run according to plan. This session will cover atypical discipline and termination scenarios.

To what degree can an employer compel an employee to cooperate with discipline and termination processes?

Anna Casellas, Partner, Clayton Utz

4:15pm

Psychological injury, workers compensation and bullying

If an employee has suffered a psychological injury as a result of workplace bullying, they can apply for compensation. What should HR professionals do to minimise the risk of psychological injuries in the workplace that result from bullying?

What is the legal definition of a psychological injury?

What does a procedurally fair bullying investigation look like?

Intervention to prevent a worker developing a psychological injury from workplace bullying

How to demonstrate that your actions are reasonable enough to show that you’ve discharged your duty of care

The distinction between compensation and damages in psychological injury cases

How to conduct procedurally fair investigations to identify whether bullying has played a role in an employee’s injury